Thousands Of Vets Could Get Benefits Upgrade

Thousands Of Vets Could Get Benefits Upgrade

By Kimberly Hefling, Associated Press

WASHINGTON -- The military has agreed to expedite a review the records
of thousands of Iraq and Afghanistan veterans discharged with
post-traumatic stress disorder to determine whether they were improperly
denied benefits.

The agreement stems from a judge's order in a class action lawsuit
originally filed by seven combat veterans who alleged the military
illegally denied health care and other benefits to those discharged
because of the disorder during a six-year period that ended Oct. 14,
2008.

Legal notices are currently being mailed to about 4,300 veterans
informing them that they can "opt-in" to the lawsuit until July 24 to
participate in the expedited review. Attorneys for the veterans estimate
that millions could be paid to veterans under the agreement, with some
veterans receiving hundreds or more dollars in increased monthly
benefits.

The National Veterans Legal Services Program was to discuss the suit at
a press conference Monday.

Former Army Sgt. Juan Perez, 36, of Owosso, Mich., said the resolution
of the suit filed in 2008 in the U.S. Court of Federal Claims was a
relief. Perez, a father of five who did two tours in Iraq, said he
struggles with migraine headaches and an eye injury related to a head
injury sustained in Baghdad. He also has nightmares and takes medication
for his mood related to PTSD.

Since he left the military, he said he and his wife were laid off from
their jobs and declared bankruptcy, in part because of medical bills
from the birth of his two youngest kids.

"I'm glad that they are finally moving forward and reevaluating the
soldiers that need to be reevaluated and doing the right thing," Perez
said. "It's been kind of a struggle not only for myself but a lot of
individuals that didn't get what they were supposed to get in the first
place."

PTSD is an anxiety disorder that can develop after a terrifying event
where the person was physically harmed or felt threatened. Symptoms
range from flashbacks to problem drinking.

The lawsuit addresses the issue of the disability rating given by the
military to veterans discharged with PTSD. Each of the seven plaintiffs
was given a rating of 10 percent or less.

The law requires the military to assign a disability rating of at least
50 percent to those discharged for PTSD, said Bart Stichman,
co-executive director the National Veterans Legal Services Program, a
nonprofit organization that represents the veterans. Since October 2008,
the military has given the 50 percent rating to those discharged with
PTSD, Stichman said.

The higher rating ensures that the veteran receives lifelong monthly
disability payments, free health care for the veteran and the veteran's
spouse, as well as health care for the veteran's minor children.

If a veteran qualifies for a higher disability rating, they may receive
back pay as well as reimbursement for health care expenses.
Classification: UNCLASSIFIED